Until the divorce is finalized your wife has an interest in the property and would have to sign any deed.

I would have to review the deed. He may have just conveyed his portion, but if he also tried to convey your portion then fraud was committed, and you should contact the local law enforcement.

I would need to review the deed to the house to give a definite answer.

However, it is likely that the house is in both your names and you and he own it as tenants in common. He is allowed to live there rent-free, but he is responsible for 50% of all expenses, taxes, utilities, hoa fees,... View More

Sure. There is no requirement that both actions are handled together. However, I do question why you haven't been divorced yet. Many family law attorneys offer a "flat-fee" divorce package that isn't too expensive. Alternatively, you can attempt to file it yourself.

Wouldn't be great, but it largely depends on what claims are being raised, and on additional facts (how long have you been separated, did you know this person before you separated). If there is some suspicion that you were being unfaithful on your spouse, this new person moving in will... View More

In theory, if there is no property, alimony, debt, children, etc. to argue over, one spouse would move out and you'd file for divorce after one year of living in separate homes.

In practice, many spouses claim they have no property and this is never the case. Almost everyone has at... View More

You are both entitled to live in the marital home, regardless of whose name is on the mortgage, until a court orders otherwise. Emotional abuse is not an actionable legal claim. If there is "marital misconduct", such as violence (or cheating) though, especially if there are medical... View More

I typically attach a copy of the separation agreement at the end of the initial divorce filings as an FYI. However, most separation agreements are private contracts between the spouses that do not involve the court directly. That is, unless your agreement requires "incorporation" or the... View More

You can do it anytime - if the parties agree then it is the best practice to go ahead and get the full agreement in writing and have it formally executed (a Separation Agreement). Then you can just wait for the one year and someone can file for divorce.

It would seem that these questions should be directed to your current attorney. That said, if I was representing your husband I would certainly make sure that your buyout reflected the current value of the home.

The gain in value of the home since the date of separation (through passive... View More

It would be best if you were divorced by the time you have to apply to remove the condition or soon thereafter. There is language that can be used as part of the divorce to improve the chances of your removal of condition being granted so I would recommend you consult with a family law attorney who... View More

They shouldn't be able to, unless her name is also on the deed. From your question, you indicate that is it "my" house so it doesn't seem like she is an actual owner.

Decent bit to unpack here.

You used the term "separation agreement," but also mentioned that you would "file" this document. A separation agreement is a contract between spouses, and typically isn't filed with the court. As it is a contract, the parties can agree... View More

Your spouse plays no role in your decision whether you want to voluntarily dismiss your ED claim. No consent is needed. That said, if your spouse files a counterclaim for ED, then it doesn't matter what you do with your claim. There just needs to be one claim pending.

It can be in any county, although the other side could theoretically attempt to have it moved to a more proper venue. I've filed plenty in 'my' county when both parties live somewhere else.

While it is a common misconception, there really isn't something called 'separation papers,' and you don't need any such papers to become legally separated. Some couples negotiate a contract between themselves that settles issues they may have (property division, spousal... View More

You can leave the house anytime you want. You will still be liable to pay the loan, however. If there is a substance abuse issue, there are other ways to force him to leave (if the right facts apply). Consult with a family law attorney about your options, and take that opportunity to have a... View More

I'm sure that you would love for there to be a simple and easy answer, but you likely are going to be required to get a "normal" divorce like everyone else, which requires one year of separation. Annulment may be a possibility, but it is only available in very limited circumstances... View More

So long as the sex/dating occurs after the "separation date", you are free to do as you please with no adverse consequences. The separation date is the day one of the spouses moved out of the marital home intending the separation be permanent (for you, that was 5-6 years ago).... View More

I'm not aware of any probono divorce lawyers, if that is what the question is asking about. There are pro bono programs for domestic abuse victims, but they usually stick to getting a restraining order and do not touch the divorce items.

While rare, there are some law firms that work... View More